Manfredini v. Ruth

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff Plecidio Manfredini (“Manfredini”) brought this action to recover a truck used in his landscaping business from defendant Gordon Ruth (“Ruth”), Regional Commissioner of the U.S. Immigration and Naturalization Service. Ruth has moved to dismiss for lack of subject matter jurisdiction. For the reasons stated below, his motion to dismiss is granted.

On April 23, 1985, agents of the Immigration and Naturalization Service (“INS”) seized a 1982 Toyota truck owned by Manfredini for use in his landscaping business. Just before this seizure,…